The African Court of Justice and Human and Peoples' Rights in Context

The African Court of Justice and Human and Peoples' Rights in Context PDF

Author: Charles C. Jalloh

Publisher: Cambridge University Press

Published: 2019-05-16

Total Pages: 1199

ISBN-13: 110842273X

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This volume analyses the prospects and challenges of the African Court of Justice and Human and Peoples' Rights in context. The book is for all readers interested in African institutions and contemporary global challenges of peace, security, human rights, and international law. This title is also available as Open Access on Cambridge Core.

The African Criminal Court

The African Criminal Court PDF

Author: Gerhard Werle

Publisher: Springer

Published: 2016-11-29

Total Pages: 347

ISBN-13: 9462651507

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This book offers the first comprehensive and in-depth analysis of the provisions of the ‘Malabo Protocol’—the amendment protocol to the Statute of the African Court of Justice and Human and Peoples’ Rights—adopted by the African Union at its 2014 Summit in Malabo, Equatorial Guinea. The Annex to the protocol, once it has received the required number of ratifications, will create a new Section in the African Court of Justice and Human and Peoples’ Rights with jurisdiction over international and transnational crimes, hence an ‘African Criminal Court’. In this book, leading experts in the field of international criminal law analyze the main provisions of the Annex to the Malabo Protocol. The book provides an essential and topical source of information for scholars, practitioners and students in the field of international criminal law, and for all readers with an interest in political science and African studies. Gerhard Werle is Professor of German and Internationa l Crimina l Law, Criminal Procedure and Modern Legal History at Humboldt-Universität zu Berlin and Director of the South African-German Centre for Transnational Criminal Justice. In addition, he is an Extraordinary Professor at the University of the Western Cape and Honorary Professor at North-West University of Political Science and Law (Xi’an, China). Moritz Vormbaum received his doctoral degree in criminal law from the University of Münster (Germany) and his postdoctoral degree from Humboldt-Universität zu Berlin. He is a Senior Researcher at Humboldt-Universität, as well as a coordinator and lecturer at the South African-German Centre for Transnational Criminal Justice.

The African Regional Human Rights System

The African Regional Human Rights System PDF

Author: Manisuli Ssenyonjo

Publisher: Martinus Nijhoff Publishers

Published: 2011-12-23

Total Pages: 629

ISBN-13: 9004218149

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The African human rights system has undergone some remarkable developments since the adoption of the African Charter on Human and Peoples Rights, the cornerstone of the African human rights system, in June 1981. The year2011 marked the 30th anniversary of the adoption of the African Charter. It also marked 25 years since the African Charter entered into force on 21 October 1986.This book aims to provide reflections on most of the major human rights issues in the past 30 years of the African human rights system in practice and discussion on the future: the African Charter s impact and contribution to the respect, protection and promotion of human rights in Africa; the contemporary challenges faced by the African Human rights system in responding adequately to the demands of rapidly evolving African societies; and how the African human rights system can be strengthened in the future to ensure that the human rights protected in the African Charter, as developed in the jurisprudence of the African Commission since the Commission was inaugurated in 1987, are realised in practice.The chapters in this volume bring together the work of 20 human rights scholars and practitioners, with expertise in human rights in Africa, under the following general themes: rights and duties in the African Charter; rights of the vulnerable under the African system; implementation mechanisms for human rights in Africa; and towards an effective African regional human rights system.

Emerging Human Rights

Emerging Human Rights PDF

Author: George W. Shepherd

Publisher: Praeger

Published: 1990-03-26

Total Pages: 264

ISBN-13:

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This book, a collaborative effort by Port-Harcourt University, Nigeria, and the University of Denver, deals with important theoretical considerations about human rights in Africa. The African contribution to the political economic approach to human rights has been especially significant and will continue to grow. This edited collection addressses both theoretical issues and actual case studies of human rights violations in the African context. Shepherd, a pioneer in African studies, provides a pathbreaking overview of the political economy of African human rights. The volume itself is divided into two sections: theory and issues and violations. In the first section, the contributors consider such theoretical questions as the problems and prospects of creating an equitable world order based on the global right to distributive justice; three generations of African people's rights; the relationship between underdevelopment and human rights violations in Africa; theological perspectives on human rights; and the African experience in human rights issues and violations. The second section addresses specific human rights issues and violations of those rights. Among the situations explored are the impact of revolutionary violence on development, equality, and justice in South Africa, and the effects of militarization, migrants, and refugees on African human rights. Also examined are the African context of human rights development and the impact of Ghanaian black feminism. A comprehensive bibliography completes the volume. The unique perspective provided by African scholars, along with European and American scholars of black Africa, makes this book an important addition to the literature of human rights and African studies.

Corruption and Human Rights Law in Africa

Corruption and Human Rights Law in Africa PDF

Author: Kolawole Olaniyan

Publisher: Bloomsbury Publishing

Published: 2014-12-01

Total Pages: 442

ISBN-13: 1782254528

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This important new book provides a framework for complementarity between promoting and protecting human rights and combating corruption. The book makes three major points regarding the relationship between corruption and human rights law. First, corruption per se is a human rights violation, insofar as it interferes with the right of the people to dispose of their natural wealth and resources and thereby increases poverty and frustrates socio-economic development. Second, corruption leads to a multitude of human rights violations. Third, the book demonstrates that human rights mechanisms have the capacity to provide more effective remedies to victims of corruption than can other criminal and civil legal mechanisms. The book takes up one of the pervasive problems of governance--large-scale corruption--to examine its impact on human rights and the degree to which a human rights approach to confronting corruption can buttress the traditional criminal law response. It examines three major aspects of human rights in practice--the importance of governing structures in the implementation and enjoyment of human rights, the relationship between corruption, poverty and underdevelopment, and the threat that systemic poverty poses to the entire human rights edifice. The book is a very significant contribution to the literature on good governance, human rights and the rule of law in Africa. Endorsements "Kolawole Olaniyan has taken up one of the pervasive problems of governance - large-scale corruption - to examine its impact on human rights and the degree to which a human rights approach to confronting corruption can buttress the traditional criminal law response. His focus is Africa, but the valuable lessons he teaches in this comprehensive study can resonate throughout the world. The result is a comprehensive and holistic legal framework for addressing some of the root causes of human rights violations and poverty, not only in Africa, but wherever corruption exists." Dinah Shelton Manatt/Ahn Professor of International Law (emeritus) The George Washington University Law School "This book demonstrates the author's mastery of complex jurisprudential and theoretical discourses. His review of the existing literature is extensive, the doctrinal analysis rigorous and the treatment of the subject innovative. Dr. Olaniyan's willingness to introduce fresh eyes to the ways in which doctrine contributes to an understanding of seemingly mundane problems lays the foundation for fertile trajectories from which future scholars can launch exciting inquiries on the relationship between corruption and human rights. Overall, this book makes an important and valuable contribution to the growth and understanding of the corruption/human rights discourse as it is presently constructed." Ndiva Kofele-Kale, University Distinguished Professor of Law, SMU Dedman School of Law, Dallas, USA.

Affective Justice

Affective Justice PDF

Author: Kamari Maxine Clarke

Publisher: Duke University Press

Published: 2019-11-15

Total Pages: 212

ISBN-13: 1478007389

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Since its inception in 2001, the International Criminal Court (ICC) has been met with resistance by various African states and their leaders, who see the court as a new iteration of colonial violence and control. In Affective Justice Kamari Maxine Clarke explores the African Union's pushback against the ICC in order to theorize affect's role in shaping forms of justice in the contemporary period. Drawing on fieldwork in The Hague, the African Union in Addis Ababa, sites of postelection violence in Kenya, and Boko Haram's circuits in Northern Nigeria, Clarke formulates the concept of affective justice—an emotional response to competing interpretations of justice—to trace how affect becomes manifest in judicial practices. By detailing the effects of the ICC’s all-African indictments, she outlines how affective responses to these call into question the "objectivity" of the ICC’s mission to protect those victimized by violence and prosecute perpetrators of those crimes. In analyzing the effects of such cases, Clarke provides a fuller theorization of how people articulate what justice is and the mechanisms through which they do so.

International Human Rights in Context

International Human Rights in Context PDF

Author: Henry J. Steiner

Publisher: Oxford University Press, USA

Published: 1996

Total Pages: 1300

ISBN-13:

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This major work offers a range of new cases and materials which help to explain the law of human rights in a broad context.

An African Criminal Court

An African Criminal Court PDF

Author: Dominique Mystris

Publisher: BRILL

Published: 2020-11-30

Total Pages: 328

ISBN-13: 9004444955

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In An African Criminal Court Dominique Mystris offers insight into the potential contribution of a regional criminal court and its place within the international criminal justice discourse, the African Union and the African Peace and Security Architecture.

International Courts and the African Woman Judge

International Courts and the African Woman Judge PDF

Author: Josephine Jarpa Dawuni

Publisher: Routledge

Published: 2017-11-28

Total Pages: 182

ISBN-13: 1315444429

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A sequel to Bauer and Dawuni's pioneering study on gender and the judiciary in Africa (Routledge, 2016), International Courts and the African Woman Judge examines questions on gender diversity, representative benches, and international courts by focusing on women judges from the continent of Africa. Drawing from postcolonial feminism, feminist institutionalism, feminist legal theory, and legal narratives, this book provides fresh and detailed narratives of seven women judges that challenge existing discourse on gender diversity in international courts. It answers important questions about how the politics of judicial appointments, gender, geographic location, class, and professional capital combine to shape the lives of women judges who sit on international courts and argues the need to disaggregate gender diversity with a view to understanding intra-group differences. International Courts and the African Woman Judge will be of interest to a variety of audiences including governments, policy makers, civil society organizations, students of gender studies, and feminist activists interested in all questions of gender and judging.